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Fundamentals of Cyberlaw & E-Commerce

9/17/2009 12:22:56 PM EST

Protecting Your Client's Domain Name

Posted by LexisNexis

If you represent a small business owner who is interested in establishing an online presence, your assistance in registering the domain name of the business will be essential.

The Domain Name System

The Domain Name System (DNS) helps users to find their way around the Internet. The DNS makes using the Internet easier by allowing a familiar string of letters (the "domain name") to be used instead of a hard to remember IP address. When you register a domain name, you are inserting an entry into a directory of all the domain names and their corresponding computers on the Internet.

ICANN

The Internet Corporation for Assigned Names and Numbers (ICANN) is the non-profit corporation that is assuming responsibility from the US Government for coordinating certain Internet technical functions, including the management of Internet domain name system (DNS). ICANN manages and coordinates the DNS to ensure that every address is unique and that all users of the Internet can find all valid addresses. It accomplishes this by overseeing the distribution of unique IP addresses and domain names. It further ensures that each domain name maps to the correct IP address.

Organizations accredited by ICANN are the registrars of domain names. Generally, registration through the registrar is straightforward: a proposed name is submitted online, is checked by the registrar for availability and an answer is returned, often with alternative available names if the proposed name has been taken.

Choosing a Registrar

Domain names ending with .aero, .biz, .com, .coop, .info, .museum, .name, .net, .org, or .pro can be registered through many different companies (known as "registrars") that compete with one another. Registrars are listed alphabetically by company name, by location and by language supported.

The registrar you choose will ask you to provide various contact and technical information that makes up the registration. The registrar will keep records of the contact information and submit the technical information to a central directory known as the "registry." This registry provides other computers on the Internet the information necessary to send you e-mail or to find the Web site you are registering. You will also be required to enter a registration contract with the registrar, which sets forth the terms under which the registration is accepted and will be maintained.

Name and Contact Information Publicly Available

Information about who is responsible for domain names is publicly available to allow rapid resolution of technical problems and to permit enforcement of consumer protection, trademark, and other laws. The registrar will make this information available to the public on a "Whois" site. WHOIS (pronounced "who is") is a directory of domain name information that allows users to query a database of registrants published by ICANN-accredited registrars.

Top Level Domains

The right-most label in a domain name is referred to as its "top-level domain" (TLD). TLDs with two letters have been established for over 240 countries and external territories and are referred to as "country-code" TLDs or "ccTLDs." TLDs with three or more characters are referred to as "generic" TLDs, or "gTLDs." The .com, .info, .name, .net, and .org TLDs are open and unrestricted. Traditionally, however, names in .net have been used by organizations involved in Internet infrastructure activities and .org is frequently used by noncommercial organizations.

Cost of Registration

Each registrar sets the price it charges for registering names, and prices vary significantly among different registrars. In addition, some registrars offer discounted or free registration services in connection with other offerings, such as web hosting. To see what offering best meets your needs, you should go to the web sites of several registrars.

Length of Registration

Each registrar has the flexibility to offer initial and renewal registrations in one-year increments, provided that the maximum remaining unexpired term shall not exceed 10 years.

Changing Registrars after Registering a Domain Name

You may change the registrar sponsoring the domain name beginning 60 days after initial registration. For details on the transfer process, contact the registrar you would like to have sponsor the registration.

Registrars not Accredited by ICANN

Many companies that are not accredited by ICANN offer domain registration services. Some of these companies are reselling names obtained from accredited registrars.

InterNIC

The InterNIC Web site is operated by ICANN to provide the public information regarding Internet domain name registration services. You may do the following on the InterNIC Web site:

Search domain records in the Registry Whois (this portion of the ICANN Web site provides information on who is responsible for domain name registration and resolving technical problems related to domain names)
Find registrar contact details in the Accredited Registrar Directory
File a registrar complaint through the Registrar Problem Report Form
Report inaccurate Whois data through the Whois Data Problem Report Form

Establishing a Name

You can assist your client in purchasing a domain name for the business, but before doing so, you need to conduct a domain name check to determine which domain names are available in order to avoid confusion and duplicity.

Search Network Solutions' WHOIS database to check domain name availability. Try to use short, easy-to-remember and easy-to-spell names for the domain name. You will be provided with the list of domain names by the domain registering company, and depending on the availability of the desired domain name, you can then register it.

If the domain name is available, you'll be encouraged to reserve it, but you may want to shop around for the best price you can get on a domain name registration before you actually reserve it. The domain name registration business is highly competitive and prices vary.

Domain Name Registration Disputes

All ICANN-accredited registrars follow a uniform dispute resolution policy. Under that policy, disputes over entitlement to a domain-name registration are ordinarily resolved in a lawsuit between the parties claiming rights to the registration. Once the court rules on who is entitled to the registration, the registrar will implement that ruling. In disputes arising from registrations allegedly made in an abusive manner, there is an expedited administrative procedure to allow the dispute to be resolved without having to file a lawsuit.

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